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Home My WebLink AboutZ-6481 Staff AnalysisFILE NO.: Z-648 NAME: Breshears -- Short -Form PD -C LOCATION: 600 N. Tyler Street DEVELOPER: ENGINEER: D. R. Breshears None 600 N. Tyler Little Rock, AR 72205 AREA: 0.14 Acre NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-3 ALLOWED USES: Deli and Gift Shop - Nonconforming C-1 PROPOSED USE: Deli and Gift Shop - (with restaurant seating) C-1 permitted uses VARIANCES WAIVERS RE UESTED: None requested. BACKGROUND: The property at 600 N. Tyler Street is zoned R-3 and has a nonconforming C-1 status. This is due to the fact that the building has been used commercially since the 1920's, primarily as a grocery store. Most recently, the building was refurbished and is being used as a deli, including the sale of collectibles. Restaurant -style seating was also added. City zoning officials notified the applicant and informed him that a restaurant was not a C-1 permitted use and that a rezoning would be in order. A. PROPOSAL/REQUEST: The applicant is requesting that the property be rezoned from R-3 to PD -C. The building will continue to be used as a deli (including the sale of collectibles) with restaurant - style seating for 36 people. The hours of operation are from 11:00 a.m. to 6:30 p.m., daily. \0 FILE NO • Z-6481 (Cont.) - B. C. E. F. The applicant also proposes to add a 20 foot by 17 foot deck to the rear of the building. The deck will not be used for outdoor seating. EXISTING CONDITIONS: The site contains a one-story 1,373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south, across Woodlawn Avenue. Fairpark Elementary School is located to the east, across Tyler Street. NEIGHBORHOOD COMMENTS: As of this writing, no negative comments have been received from the neighborhood. The Hillcrest Neighborhood Association was notified of the public hearing. - ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Dedicate corner diagonal area for right-of-way at the street intersection. 2.•Dedication of additional 5 foot,of right-of-way for both streets required by Ordinance. Seek deferral until redevelopment of site allows for dedication. 3. Remove fence from public right-of-way. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Utilities: No Comment. Fire Department: No Comment. County Plannin : No Comment. CATA: The site is within one block of Central Arkansas Transit's bus route #8 (Rodney Parham Route). ISSUES/TECHNICAL/DESIGN: Planning Division: The request is in the Heights/Hillcrest District. The Plan recommends Single Family. A neighborhood Plan process is underway in this area. The use is existing and is asking to be made conforming. The neighborhood wishes to encourage a mixed use pattern with a more "urban" fabric. While the request is not technically in conformance with the Plan, the ;s 4 - 2 FILE NO.: Z-6481 (Cont. past history and desires for a mixed pattern should be considered. Landscape Issues: No Comment. G. ANALYSIS• The applicant is proposing to use the property essentially the same way it has been for a number of years with the exception of the addition of restaurant -style seating. The site is also nonconforming in its relationship to parking, as there are no off-street parking spaces. Staff has no problem with the continued use of the on -street parking spaces in the area. The applicant has stated that the proposed deck will not be used for outdoor seating. This condition was recommended by staff. Public Works is requesting dedication of an additional 5 feet of right-of-way for both street frontages. Public Works' Staff indicated at the Subdivision Committee meeting that a deferral of the dedication until redevelopment of the site would be supported. The applicant is requesting the deferral. There appears to be no other unresolved issues. H. STAFF RECOMMENDATIONS: Staff recommends approval of the application, subject to the following conditions: 1. Compliance with the Public Works Comments 2. There will be a maximum of 36 restaurant -style seats on the interior of the building. 3. There will be no outdoor seating. 4. Staff recommends approval of the deferral of right-of-way dedication until redevelopment of the site occurs. SUBDIVISION COMMITTEE COMMENT: Don Breshears was present, representing the application. Staff gave a brief description of the rezoning. The hours of operation and maximum number of seats was discussed. The prohibition of outdoor seating was also discussed. The Public Works comments were reviewed, primarily the required dedication of right-of-way for both street frontages. Public Works staff indicated that a deferral of the dedication until redevelopment of the site would be supported. 3 FILE NO.: Z-6481 Cont. After a brief discussion, the Committee forwarded the rezoning to the full Commission for resolution. PLANNING COMMISSION ACTION: (APRIL 30, 1998) Staff informed the Commission that the applicant had requested that the item be deferred to the June 11, 1998 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the June 11, 1998 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (JUNE 11, 1998) Staff informed the Commission that the applicant failed to send the required notice form to surrounding property owners. Staff recommended that the application be deferred to the July 23, 1998 agenda to allow the applicant time to re -mail the correct notice. Staff noted that the applicant agreed to the deferral. The Chairman place the item before the Commission for inclusion within the Consent Agenda for deferral to the July 23, 1998 agenda., A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (JULY 23, 1998) Don Breshears was present, representing the application. There were two objectors present. Staff gave a brief description of the proposed PD -C and a recommendation of approval with conditions. Don Breshears addressed the Commission in support of the application. Mr. Breshears briefly reviewed the proposal and gave some history of the property. Ruth Bell addressed the Commission. She stated that she felt the use was too intense for the neighborhood and that there was no off-street parking. She stated that the proposed use could create a parking problem. Jim Vandenberg also addressed the Commission in opposition to the proposed rezoning. He stated that adding restaurant -style seating to the site would be a more intense use and would be a parking problem. He stated that there were no provisions for off-street parking. He also stated that deliveries and trash pick-up could be a problem. He recommended that the restaurant seating on this site be limited to ten seats, with some off- street parking,,- - 4 FILE NO.: Z-6481 Cont. There was a brief discussion relating to hours of operation, number of seats and use of the proposed deck. Commissioner Muse asked staff what the building could be used for if the rezoning application were denied. Staff stated that the property could be used for C-1 permitted uses and reviewed some of the list of C-1 permitted uses. There was a brief discussion concerning the concept of new urban design and the history of the neighborhood. Commissioner Hawn asked about trash pick-up. Mr. Breshears stated that he hauls the trash to another location and that there was no trash pick-up at this site. Commissioner Muse asked about seating on the proposed deck. Staff responded that the recommendation was for no seating on the deck due to possible noise problems. There was a brief discussion concerning installing screening and allowing seating on the deck. Mr. Breshears amended the application to include seating on the deck with the appropriate screening fences being installed and no outside speakers. There was a motion to approve the application as filed (36 seats), allowing seating on the deck with proper screening and no outside speakers. The motion passed by a vote of 11 ayes and 0 nays. Staff explained that additional right-of-way was required along both streets, which would get into the building. Staff supported deferring the right-of-way dedication until such a time that the property is redeveloped. A motion was made to defer the right- of-way dedication. The motion passed by a vote of 11 ayes and 0 nays. "u 5 July 23, 1998 ITEM NO.: G NAME: Breshears -- Short -Form PD -C LOCATION: 600 N. Tyler Street DEVELOPER• D. R. Breshears 600 N. Tyler Little Rock, AR AREA: 0.14 Acre ZONING: R-3 ENGINEER: None 72205 NUMBER OF LOTS• 1 Z-6481 FT. NEW STREET: 0 ALLOWED -USES: Deli and Gift Shop - Nonconforming C-1 PROPOSED USE: Deli and Gift Shop - Nonconforming C-1 VARTANCES WAIVERS REQUESTED: None requested. BACKGROUND• The property at 600 N. Tyler Street is zoned R-3 and has a nonconforming C-1 status. This is due to the fact that the building has been used commercially since the 1920's, primarily as a grocery store. Most recently, the building was refurbished and is being used as a deli, including the sale of collectibles. Restaurant -style seating was also added. City zoning officials notified the applicant and informed him that a restaurant was not a C-1 permitted use and that a rezoning would be in order. A. PROPOSAL/REQUEST: The applicant is requesting that the property be rezoned from R-3 to PD -C. The building will continue to be used as a deli (including the sale of collectibles) with restaurant - style seating for 36 people. The hours of operation are from 11:00 a.m. to 6:30 p.m., daily. 1 July 23, 1998 UBDIVISION ITEM NO.: G (Cont_ FILE NO.: Z-6481 The applicant also proposes to add a 20 foot by 17 foot deck to the rear of the building. The deck will not be used for outdoor seating. B. EXISTING CONDITIONS: The site contains a one-story 1,373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south, across Woodlawn Avenue. Fairpark Elementary School is located to the east, across Tyler Street. C. NEIGHBORHOOD COMMENTS: As of this writing, no negative comments have been received from the neighborhood. The Hillcrest Neighborhood Association was notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Dedicate corner diagonal area for right-of-way at the street intersection. 2. Dedication of additional 5 foot of right-of-way for both streets required by Ordinance. Seek deferral until redevelopment of site allows for dedication. 3. Remove fence from public right-of-way. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT COUNTY PLANNING: utilities: No Comment. Fire Department: No Comment. County Plannin : No Comment. CATA: The site is within one block of Central Arkansas Transit's bus route #8 (Rodney Parham Route). F. ISSUES/TECHNICAL/DESIGN: Planning Division: The request is in the Heights/Hillcrest District. The Plan recommends Single Family. A neighborhood Plan process is underway in this area. The use is existing and is asking to E July 23, 1998 SUBDIVISION ITEM NO.: G Cont. FILE NO.: Z-6481 be made conforming. The neighborhood wishes to encourage a mixed use pattern with a more "urban" fabric. While the request is not technically in conformance with the Plan, the past history and desires for a mixed pattern should be considered. Landscape Issues: No Comment. G. ANALYSIS: The applicant is proposing to use the property essentially the same way it has been for a number of years with the exception of the addition of restaurant -style seating. The site is also nonconforming in its relationship to parking, as there are no off-street parking spaces. Staff has no problem with the continued use of the on -street parking spaces in the area. The applicant has stated that the proposed deck will not be used for outdoor seating.- This condition was recommended by staff. Public Works is requesting dedication of an additional 5 feet of right-of-way for both street frontages. Public Works' Staff indicated at the Subdivision Committee meeting that a deferral of the dedication until redevelopment of the site would be supported. The applicant is requesting the deferral. There appears to be no other unresolved issues. H. STAFF RECOMMENDATIONS: Staff recommends approval of the application, subject to the following conditions: 1. Compliance with the Public Works Comments 2. There will be a maximum of 36 restaurant -style seats on the interior of the building. 3. There will be no outdoor seating. 4. Staff recommends approval of the deferral of right-of- way dedication until redevelopment of the site occurs. SUBDIVISION COMMITTEE COMMENT: Don Breshears was present, representing the application. Staff gave a brief description of the rezoning. The hours of operation and maximum number of seats was discussed. The prohibition of outdoor seating was also discussed. 3 July 23, 1998 SUBDIVISION ITEM NO.: G (Cont FILE NO.: Z-5481 The Public Works comments were reviewed, primarily the required dedication of right-of-way for both street frontages. Public Works staff indicated that a deferral of the dedication until redevelopment of the site would be supported. After a brief discussion, the Committee forwarded the rezoning to the full Commission for resolution. PLANNING COMMISSION ACTION: (APRIL 30, 1998) Staff informed the Commission that the applicant had requested that the item be deferred to the June 11, 1998 agenda. Staff supported the deferral request. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for deferral to the June 11, 1998 agenda. A motion to that effect was made. The motion passed by a vote of 11 ayes and 0 nays. PLANNING COMMISSION ACTION: (JUNE 11, 1998) Staff informed the Commission that the applicant failed to send the required notice form to surrounding property owners. Staff recommended that the application be deferred to the July 23, 1998 agenda to allow the applicant time to re -mail the correct notice. Staff noted that the applicant agreed to the deferral. The Chairman place the item before the Commission for inclusion within the Consent Agenda for deferral to the July 23, 1998 agenda. A motion to that effect was made. The motion passed by a vote of 9 ayes, 0 nays and 2 absent. PLANNING COMMISSION ACTION: (JULY 23, 1998) Don Breshears was present, representing the application. There were two objectors present. Staff gave a brief description of the proposed PD -C and a recommendation of approval with conditions. Don Breshears addressed the Commission in support of the application. Mr. Breshears briefly reviewed the proposal and gave some history of the property. Ruth Bell addressed the Commission. She stated that she felt the use was too intense for the neighborhood and that there was no off-street parking. She stated that the proposed use could create a parking problem. 4 July 23, 1998 SUBDIVISION ITEM NO.: G (Cont.) FILE Na.: Z-6481 Jim Vandenberg also addressed the Commission in opposition to the proposed rezoning. He stated that adding restaurant -style seating to the site would be a more intense use and would be a parking problem. He stated that there were no provisions for off-street parking. He also stated that deliveries and trash pick-up could be a problem. He recommended that the restaurant seating on this site be limited to ten seats, with some off- street parking. There was a brief discussion relating to hours of operation, number of seats and use of the proposed deck. Commissioner Muse asked staff what the building could be used for if the rezoning application were denied. Staff stated that the property could be used for C-1 permitted uses and reviewed some of the list of C-1 permitted uses. There was a brief discussion concerning the concept of new urban design and the history of the neighborhood. Commissioner Hawn asked about trash pick-up. Mr. Breshears stated that he hauls the trash to another location and that there was no trash pick-up at this site. Commissioner Muse asked about seating on the proposed deck. Staff responded that the recommendation was for no seating on the deck due to possible noise problems. There was a brief discussion concerning installing screening and allowing seating on the deck. Mr. Breshears amended the application to include seating on the deck with the appropriate screening fences being installed and no outside speakers. There was a motion to approve the application as filed (36 seats), allowing seating on the deck with proper screening and no outside speakers. The motion passed by a vote of 11 ayes and 0 nays. Staff explained that additional right-of-way was required along both streets, which would get into the building. Staff supported deferring the right-of-way dedication until such a time that the property is redeveloped. A motion was made to defer the right- of-way dedication. The motion passed by a vote of 11 ayes and 0 nays. 5 FILE NO.• Z-6481 NAME: Breshears -- Short -Form PD -C LOCATION• 600 N. Tyler Street DEVELOPER• ENGINEER• D. R. Breshears None 600 N. Tyler Little Rock, AR 72205 AREA: 0.14 Acre NUMBER OF LOTS: 1 FT. NEW -STREET: 0 ZONING: R-3 ALLOWED USES: Deli and Gift Shop - Nonconforming C-1 PROPOSED USE: Deli and Gift Shop - (with restaurant seating) C-1 permitted uses VARIANCES/WAIVERS REQUESTED: None requested. BACKGROUND• The property at 600 N. Tyler Street is zoned R-3 and has a nonconforming C-1 status. This is due to the fact that the building has been used commercially since the 19201s, primarily as a grocery store. Most recently, the building was refurbished and is being used as a deli, including the sale of collectibles. Restaurant -style seating was also added. City zoning officials notified the applicant and informed him that a restaurant was not a C-1 permitted use and that a rezoning would be in order. A. PROPOSALIRE VEST: The applicant is requesting that the property be rezoned from R-3 to PD -C. The building will continue to be used as a deli (including the sale of collectibles) with restaurant - style seating for 36 people. The hours of operation are from 11:00 a.m. to 6:30 p.m., daily. FILE NO.: Z=6481 (Cont.) The applicant also proposes to add a 20 foot by 17 foot deck to the rear of the building. The deck will not be used for outdoor seating. B. EXISTING CONDITIONS: The site contains a one-story 1,373 square foot frame commercial building with a 16 foot by 10 foot deck on the rear corner. There are single-family residences to the north, west and south, across Woodlawn Avenue. Fairpark Elementary School is located to the east, across Tyler Street. C. NEIGHBORHOOD COMMENTS: As of this writing, no negative comments have been received from the neighborhood. The Hillcrest Neighborhood Association was notified of the public hearing. - D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: 1. Dedicate corner diagonal area for right-of-way at the street intersection. 2. -Dedication of additional 5 foot - of right-of-way for both streets required by Ordinance. Seek deferral until redevelopment of site allows for dedication. 3. Remove fence from public right-of-way. 4. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Utilities: No Comment. Fire Department: No Comment. County Planning: No Comment. CATA: The site is within one block of Central Arkansas Transit's bus route #8 (Rodney Parham Route). F. ISSUES/TECHNICAL/DESIGN: Planning Division: The request is in the Heights/Hillcrest District. The Plan recommends Single Family. A neighborhood Plan process is underway in this area. The use is existing and is asking to be made conforming. The neighborhood wishes to encourage a mixed use pattern with a more "urban" fabric. While the request is not technically in conformance with the Plan, the ,yu 4 - PA FILE NO.: Z-6481 past history and desires for a mixed pattern should be considered. Landscape Issues: No Comment. G. ANALYSIS: The applicant is proposing to use the property essentially the same way it has been for a number of years with the exception of the addition of restaurant -style seating. The site is also nonconforming in its relationship to parking, as there are no off-street parking spaces. Staff has no problem with the continued use of the on -street parking spaces in the area. The applicant has stated that the proposed deck will not be used for outdoor seating. This condition was recommended by staff. Public Works is requesting dedication of an additional 5 feet of right-of-way for both street frontages. Public Works' Staff indicated at the Subdivision Committee meeting that a deferral of the dedication until redevelopment of the site would be supported. The applicant is requesting the deferral. There appears to be no other unresolved issues. H. STAFF RECOMMENDATIONS: Staff recommends approval of the application, subject to the following conditions: 1. Compliance with the Public Works Comments 2. There will be a maximum of 36 restaurant -style seats on the interior of the building. 3. There will be no outdoor seating. 4. Staff recommends approval of the deferral of right-of-way dedication until redevelopment of the site occurs. SUBDIVISION COMMITTEE COMMENT: Don Breshears was present, representing the application. Staff gave a brief description of the rezoning. The hours of operation and maximum number of seats was discussed. The prohibition of outdoor seating was also discussed. The Public Works comments were reviewed, primarily the required dedication of right-of-way for both street frontages. Public Works staff indicated that a deferral of the dedication until redevelopment of the site would be supported. 3